PHOENIX — An Arizona utility can't escape being sued for anti-trust violations for the rates it sets solely because it's a quasi-governmental entity, at least not now — if ever, a federal appeals court ruled Monday.
The 9th Circuit Court of Appeals rejected arguments by attorneys for Salt River Project that SolarCity cannot challenge its pricing system. The appellate judges said they have no authority to consider the finding of a trial judge in Phoenix who said the challenge should be allowed to go ahead.
While Monday's ruling is specific to SRP and its claims of immunity from suit, the implications could be broader.
That could lead to rulings on how broad is the ability of utilities, all of who are monopolies, to set rates in a way that could harm other companies. And that, in turn, could impact efforts by other Arizona utilities to increase costs to solar customers.
The Navajo Generating Station owners rejected the extension request Wednesday, The Gallup Independent reported (http://bit.ly/2o70OE6).
The owners have said the plant must shut down by the end of 2017 if a longer lease is not approved by July 1 to provide time to remove the plant by the end of its current lease at the end of 2019.
A Navajo Nation Council committee requested the extension in hopes of gaining more time to review the 800-page lease legislation.
"With respect to the July date, we are at a wall," said Mike Hummel, Salt River Project deputy general manager, told the committee.
The plant and a coal mine that supplies it employ about 750 people, almost all being Native Americans.
Utilities with shares in the plant want to bow out because they can get the power cheaper from natural gas sources.
The City of Mesa is the sole owner and operator, supplying electricity to these other 8 areas
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